Defending Customary Land Rights amid Extractive Industry Expansion: Indigenous Community Experiences

Abstract

Indigenous law and customary rights policies have become central in socio-legal and human rights discourse, particularly where land governance intersects with cultural identity and economic development. While previous studies have focused primarily on legal frameworks and institutional mechanisms, limited attention has been given to how Indigenous communities themselves experience and interpret customary land conflicts. This study addresses this gap by examining the lived experiences of Indigenous communities in defending customary land rights amid extractive industry expansion. Using an interpretative phenomenological approach, data were collected through in-depth semi-structured interviews with Indigenous participants directly involved in customary land defense and analyzed using interpretative phenomenological analysis. The findings show that customary land is experienced not only as territory but also as a source of identity, spirituality, and collective continuity. Participants described land conflict as a multidimensional experience involving legal exclusion, emotional distress, cultural disruption, and collective resistance. In addition, justice was understood not merely as procedural fairness but as recognition, dignity, and meaningful participation within historical and cultural contexts. These findings contribute to socio-legal scholarship by providing a lived-experience perspective on Indigenous land struggles and demonstrating the value of phenomenological analysis in Indigenous rights research. The study also highlights the importance of culturally grounded and experience-based approaches for future policy and practice.